Mygatt v. . New York Protection Insurance Company
New York Court of Appeals
Appeal from the Supreme Court. Action upon a policy of insurance against fire, The trial was before a referee, who found all the facts necessary to charge the defendant if it had authority to make the contract, which was in consideration of the payment of a definite cash premium without any provision for further contribution or liability on the part of the insured.
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Appeal from the Supreme Court. Action upon a policy of insurance against fire, The trial was before a referee, who found all the facts necessary to charge the defendant if it had authority to make the contract, which was in consideration of the payment of a definite cash premium without any provision for further contribution or liability on the part of the insured. The defendant was organized under the general act of 1849, to provide for the incorporation of insurance companies. Its' charter declared that it was formed to make insurance against fire, and against the risks of inland…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defence which prevailed at the trial, and which is relied upon here, is, that the defendants having been organized as a mutual company, had no authority to issue policies for premiums to be paid in cash, and consequently that their act in issuing the policy in question was ultra vires, and the policy void.
I shall assume, for the purposes of this case, that the defendants can avail themselves of this defence, and that they are in no manner estopped from…
2Cases cited1 opinion
- White v. . HaightNew York Court of Appeals · 1857
3Cited by34 opinions
- Huber v. MartinWisconsin Supreme Court · 1906
- Johnson v. School District No. 1Oregon Supreme Court · 1928
- McMahon v. CooneyMontana Supreme Court · 1933
- Ohio Farmers Indemnity Co. v. Commissioner of Int. Rev.Court of Appeals for the Sixth Circuit · 1940
- Davis v. Parcher & J. & A. Stewart Co.Wisconsin Supreme Court · 1892
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